Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

My Mom Died as a Widow in Philadelphia Without a Will. How do I Sell her Home?

Posted on Mon Jun 20, 2016, on Intestacy, Dying Without a Will

Our “Ask a Question” Mailbag: Parent Dying Without a Will

Most Recently Updated August 1, 2018.

When a Parent Dies Without a Will

Amy Besser, Probate Attorney. Parent Dying Without a Will

“My Mom died without a Will as a widow in Philadelphia. How do I sell her home?”

 

Parent Dying Without a Will

If you Die Without a Will, you Die “Intestate.”

This question has come up with increasing frequency due to Philadelphia’s improving real estate market. The first step is to examine your mother’s deed.  Did she hold title to the property?  Obtain a copy of the deed for a nominal fee from the Records Department in City Hall.  Or, you can us get a copy, and we can review its terms with you.

If your mom owned the property, then someone must gain authority to sell the home. When there is no Will, authority to collect and dispose of a deceased person’s assets requires obtaining Letters of Administration. Your mother died a resident of Philadelphia.  Therefore, the Register of Wills in Philadelphia County will hear the Petition for Letters of Administration.

See my website for more information about the Pennsylvania Rules of Intestacy.

If You Die Without a Will, The State Determines Your Administrator.

The Pennsylvania Decedents, Estates, and Fiduciary Code lists who shall be entitled to serve and in what order. In your case, your mother’s children are the first group designated to serve as Administrator. If you are an only child, barring anything unusual, you would have the first right to serve. If mom had other children, then you may need them to renounce their right to serve.  Should they not renounce, then hope they do not oppose your Petition.  Should they oppose your Petition to serve as Administrator, a hearing is necessary.

If the Siblings Can’t Agree, A Hearing Will be Necessary.

After a hearing at the Register of Wills office on your Petition, the Register will decide to whom to grant Letters of Administration.  If you are appointed Administrator, you will then have the authority to sell the home.  But, you will also have the responsibility to probate your mom’s estate properly.  This responsibility includes filing the inheritance tax return, paying her outstanding bills, filing her final income tax return and more.  You will also want a full release from your siblings.  We regularly represent Administrators and would be happy to serve as your attorney.  Our job would be to make the process as easy as possible and to keep you out of trouble.

See my website for more information about the Probate Process.

More Probate Questions?

Intestacy is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Parent Dying Without a Will

I hope that this article was helpful in explaining what to do if a parent dies intestate. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Tags:

Administrator, Amy Besser, Death, Pennsylvania, Philadelphia, Probate, Probate Attorney, Probate Lawyer, Rules of Intestacy

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Randi Greenberg

Jackie is amazing! I have asked her many questions and she answers them professionally and honestly. She is very informative !!!

Klenk Law Logo
Stars

Monika Patryn

I highly recommend this firm. Jackie was a pleasure to work with. I left there’s well educated and had all my questions answered.

Klenk Law Logo
Stars

CEGM

Peters' firm has prepared and updated our Wills and Trusts for the last 15 to 20 years. They know the law and help with your decision making to use the law to your best advantage. Response time to your requests is very reasonable, and final reviews and signing is executed in a timely manor with a thorough coverage of the documents. Our most recent updates to our Wills & Trusts were somewhat complicated, in our opinion, but Peter and his staff handled them effortlessly. As you can tell from this review Peter Klenk's firm is top notch.

Klenk Law Logo
Stars

Walker Vreeland

Peter Klenk was a joy to work with. He made sure I understood every element of the process of estate planning and his firm made the process seemless and uncomplicated. Very grateful!

Klenk Law Logo
Stars

Michelle Schamis

Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.

Let us put our expertise to work for you.

Free consultation within 24 hours.